Constitution of the Kingdom of Hawu Mumenhes (4168 - 4229)
Chapter 1 - The Monarch Article I. The Monarch shall be the symbol of the State and of the unity of the People, deriving his/her position from the will of the people with whom resides sovereign power. Article II. The Royal Throne shall be dynastic and succeeded to in accordance of the Ruling House Law passed by the Senate . Article III. The advice and approval of the Cabinet shall be required for all acts of the Monarch in matters of state, and the Cabinet shall be responsible therefor. Article IV. The Monarch shall perform only such acts in matters of state as are provided for in this Constitution and he/she shall not have powers related to government. The Monarch may delegate the performance of his acts in matters of state as may be provided by law. Article V. When, in accordance with the Ruling House Law, a Regency is established, the Regent shall perform his/her acts in matters of state in the Monarch's name. In this case, paragraph one of the preceding article will be applicable. Article VI. The Monarch shall appoint the Prime Minister as designated by the Senate. The Emperor shall appoint the Chief Judge of the Majesty's Supreme Court as designated by the Cabinet. Article VII. The Monarch, with the advice and approval of the Cabinet, shall perform the following acts in matters of state on behalf of the people: Convoke and dissolve the Senate, proclaim the general election of members of the Senate, award honors, receive foreign ambassadors and ministers, and perform other ceremonial functions. Article VIII. No property can be given to, or received by, the Royal House, nor can any gifts be made therefrom, without the authorization of the Senate. Chapter 2 - The Senate Article IX. The Senate shall be the highest organ of state power, and shall be the sole law-making organ of the State. Article X. The Senate shall consist of elected members, representative of all the people. The number of the members of the Senate shall be fixed by law to 125. Each province is entitled to 75 seats in the Senate. Article XI. Each member of the Senate must be be of 25 years of age by election day and a citizen of Hawu Mumenhes. Additionally, there shall be no discrimination because of race, creed, sex, social status, family origin, education, property or income. Article XII. The term of office of members of the Senate shall be 48 months. However, the term shall be terminated before the full term is up in case the Senate is dissolved. Article XIII. No person shall be permitted to be a member of the Senate and the Cabinet simultaneously, except for the Prime Minister. Article XIV. Members of the Senate shall receive appropriate annual payment from the national treasury in accordance with law. Article XV. Except in cases provided by law, members of the Senate shall be exempt from apprehension while the Senate is in session, and any members apprehended before the opening of the session shall be freed during the term of the session upon demand of the Senate. Article XVI. Members of the Senate shall not be held liable outside the Senate for speeches, debates or votes cast. Article XVII. Although the Senate may decide when to meet and how often to meet, an ordinary session of the Senate shall be convoked at least once per year. Article XVIII. The Cabinet may determine to convoke special sessions of the Senate. When the Prime Minister makes such a request, the Cabinet must determine on such convocation. Article XIX. When the Senate is dissolved, there must be a general election of members of the Senate within 40 days from the date of dissolution, and the Senate must be convoked within 30 days from the date of the election. Article XX. The Senate itself shall judge disputes related to qualifications of its members. However, in order to deny a seat to any member, it is necessary to pass a resolution by a majority of two-thirds or more of the members present. Article XXI. Business cannot be transacted in the Senate unless 63 or more members are present. All matters shall be decided by a majority vote of members who are present and not abstaining, except as elsewhere provided in the Constitution, and in case of a tie, the issue will be rejected. Article XXII. Deliberation shall be public. However, a secret meeting may be held where a majority of two-thirds or more of those members present passes a resolution therefor. Each House shall keep a record of proceedings. This record shall be published and given general circulation, excepting such parts of proceedings of secret session as may be deemed to require secrecy. Upon demand of one-fifth or more of the members present, votes of the members on any matter shall be recorded in the minutes. Article XXIII. The Senate shall select a Speaker of the Senate, who will be the presiding officer in the absence of the Prime Minister, and other officers. The Senate shall establish its rules pertaining to meetings, proceedings and internal discipline, and may punish members for disorderly conduct. However, in order to expel a member, a majority of two-thirds or more of those members present must pass a resolution thereon. Article XXIV. A bill becomes a law on passage by the Senate, except as otherwise provided by the Constitution. Article XXV. Senate approval is required for the conclusion and ratification of treaties. Article XXVI. The Senate may conduct investigations in relation to government, and may demand the presence and testimony of witnesses, and the production of records. Article XXVII. The Prime Minister and other Ministers of State may, at any time, appear in the Senate for the purpose of speaking on bills, regardless of whether they are members of the Senate or not. They must appear when their presence is required in order to give answers or explanations. Article XXVIII. The Senate shall try all impeachments against any civil officer. The Senate shall act as the jury, while the Minister of Justice presides. Chapter 3 - The Cabinet and the Executive Article XXIX Executive power shall be vested in the Cabinet. Article XXX The Cabinet shall consist of the Prime Minister, who shall be its head, and other Ministers of State, as provided for by law. The Prime Minister and other Ministers of State must be civilians. The Cabinet, in the exercise of executive power, shall be collectively responsible to the Senate. Article XXXI The Prime Minister shall be designated from among the members of the Diet by a resolution of the Diet. This designation shall precede all other business. Article XXXII The Prime Minister shall appoint the Ministers of State. The Prime Minister may also remove the Ministers of State as he or she chooses. Article XXXIII If the Senate passes a non-confidence resolution, or rejects a confidence resolution, the Cabinet shall resign en masse. Article XXXIV The Prime Minister, representing the Cabinet, submits bills, reports on general national affairs and foreign relations to the Senate and exercises control and supervision over various administrative branches. Article XXXV The Cabinet, in addition to other general administrative functions, shall perform the following functions: Administer the law faithfully; conduct affairs of state, manage foreign affairs, conclude treaties. However, it shall obtain prior or, depending on circumstances, subsequent approval of the Senate. The Cabinet shall also administer the civil service in accordance with standards established by law, prepare the budget and present it to the Senate, enact cabinet orders in order to execute the provisions of this Constitution and of the law. However, it cannot include penal provisions in such cabinet orders unless authorized by such law. Additionally, the Cabinet may decide on general amnesty, special amnesty, commutation of punishment, reprieve, and restoration of rights. Article XXXVI All laws and cabinet orders shall be signed by the competent Minister of State and countersigned by the Prime Minister. Article XXXVII The Ministers of State, during their tenure of office, shall not be subject to legal action without the consent of the Prime Minister. However, the right to take that action is not impaired hereby. Category:History of Hawu Mumenhes Category:Government and politics of Hawu Mumenhes